The Ombudsman's final decision
Summary: We will not investigate this complaint about a planning application because the injustice does not warrant investigation.
The complaint
Mr X complains that the Council failed to properly consider a planning application which caused him significant time and trouble.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that he has been in a legal dispute with his neighbour. Mr X objected to a planning application made by the neighbour. He says that he had to make significant objections in order to get the Council to, ultimately, refuse the planning application. He says that the process identified errors made by the Council.
The Council refused the planning application and the neighbour appealed successfully to the Planning Inspector. Any injustice caused by the planning permission falls to the Planning Inspector who is out of our jurisdiction.
I appreciate that Mr X went to some lengths to object to the planning application but the Ombudsman does not accept that the effort of making objections is an injustice in itself. People are free to make whatever objections or observations they wish to a planning application. The Council’s decision supported Mr X and so the Ombudsman could not be critical of the Council’s decision.
Final decision
We will not investigate Mr X’s complaint because there is insufficient injustice to warrant investigation.
Investigator's decision on behalf of the Ombudsman